Fourth Waiver Searches of Vehicles

• Parole Fourth Waiver Searches
• Fourth Waiver Searches of Vehicles
• Vehicle Searches Based Upon the Presence of a Parolee/Passenger

Upon discovering that a passenger of a vehicle is subject to a waiver of his Fourth Amendment Search and Seizure rights, an officer may search those areas of a vehicle where it is reasonable to believe, under the circumstances, that the Fourth waiver subject may have hidden contraband, while taking into consideration the privacy interests of the driver/owner of the vehicle. 

Defendant Brandon James Claypool was observed by police driving his Honda Accord in a high crime/gang area (unknown what time of day or night) with two passengers later identified as Malcolm Clay, sitting in the front passenger seat, and Carlos Olivia, in the rear seat on the passenger’s side.  Observing the front passengers in the car to “be leaned back” as it passed the police car going in the opposite direction, the officers did a U-turn and followed the Honda.  No observations were made, however, of anything being exchanged between the front and rear passengers.  The Honda did an “abrupt turn” onto ....